RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-04327

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 Education Benefits (TEB) to his eligible dependents.

APPLICANT CONTENDS THAT:

He applied for the Post-9/11 GI Bill benefits prior to his 1 Sep 09 retirement date; however, he did not receive his approval until December 2009.  Since he was no longer on active duty, he was unable to complete the TEB transfer.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 Jun 88. He retired on 1 Sep 09 with credit for 21 years and 3 months of active service.  Based on his total active federal military service date (TAFMSD), he would have incurred no active duty service commitment (ADSC) with TEB approval.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends granting the application.  At the time of the applicant’s retirement, the Post-9/11 GI Bill TEB program was still being introduced and guidance for executing transfer was limited.  It is feasible the applicant was not adequately informed on the proper procedures for TEB.  The complete advisory is at Exhibit C. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 2 Apr 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 August 2009, he elected to transfer his Post-9/11 GI Bill Education Benefits to his eligible dependents.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-04327 in Executive Session on 26 Jul 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 11 Sep 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 13 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.